Bill will be first change to the laws since the famine.

HOMELESS children must not be criminalised under new laws to crack down on begging, which could carry a penalty of €700 or a month in jail, children’s group Leanbh has said.

Justice Minister Dermot Ahern said the laws are being introduced because “there is really no need for begging in our society”.

The Government yesterday approved the proposals which will result in the first change in begging laws since the famine.

Under the new laws, begging will be an offence where it is accompanied by unacceptable behaviours such as harassment, obstruction or intimidation.

A new power will enable the gardaí to direct persons who are begging to desist. A failure to comply may result in an arrest and charge.

However, the ISPCC, which runs the Leanbh service protecting child beggars on streets, said child protection controls must be enshrined in the proposals.

“Children who beg or their parents or guardians must not be criminalised under the new legislation,” said Leanbh manager Adriana Fechete.

“Child protection must remain the main consideration above all else,” she said.

Mr Ahern aims to publish a bill with the proposals in coming weeks and the new provisions may become law before the summer.

He said: “Intimidation and threats of violence are sometimes used by these people and women and the elderly are often fearful for their own personal safety.”

Mr Ahern said yesterday there was “no justification” for begging given the welfare provisions in Ireland

“The State provides, through the social welfare code, a safety net to give people income if they haven’t got it. So, in effect, there is really no need for begging in our society.” he said. Mr Ahern said while there are some people who unfortunately fall into poverty, begging is “a business” for others and “a significant level of income derived from this”.

The legislation comes in the wake of a recent High Court case found that section 3 of the Vagrancy (Ireland) Act 1847 was too vague and was incompatible with the Constitution’s provisions on freedom of expression and freedom to communicate. However, the court stated that there was nothing in its decision that would prevent the Oireachtas from enacting new laws to control begging.

Mr Ahern said the law will recognise that circumstances can arise where asking for help is not to be regarded as begging.

“An example would be a young person not having money to pay a bus fare late at night,” he explained.